Abstract
This blog post critiques the March 12, 2026, announcement by the Office of the U.S. Trade Representative (USTR) launching a sweeping Section 301 investigation into 60 economies—including the European Union, Canada, and Mexico—for failing to effectively prohibit forced labor imports. While the U.S. claims these regulatory failures harm domestic commerce, the author argues that the investigation highlights deep flaws in American trade governance. Specifically, the critique outlines four primary deficiencies in the U.S. approach: inadequate Customs and Border Protection (CBP) procedures lacking independent oversight, a dramatic decline in CBP enforcement actions, mistargeted pressure against the EU despite its superior evidentiary framework, and domestic hypocrisy regarding the widespread use of non-consensual U.S. prison labor. Ultimately, the author urges the public to use the USTR comment period to expose these domestic systemic issues, warning that exporting this flawed U.S. model could backfire and expose American exports to foreign bans.
Recommended Citation
LeClercq, Desiree, "The Section 301 Surge Continues: Investigating the Adoption/Enforcement/Administration of Forced Labor Import Bans" (2026). Faculty Datasets. 11.
https://digitalcommons.law.uga.edu/datasets/11
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Originally posted on the International Economic Law and Policy Blog on Mar. 16, 2026.